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Intellectual Property Education

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Morrison & Foerster LLP

To Scrape or Not to Scrape? First Court Decision on the EU Copyright Exception for Text and Data Mining in Germany

On September 27, 2024, the Regional Court (Landgericht) of Hamburg, a court of first instance (the “Court”), dismissed a cease-and-desist claim by the photographer Robert Kneschke against LAION e. V. that the scraping of his...more

Procopio, Cory, Hargreaves & Savitch LLP

Overcoming Obstacles to Securing Patents for AI-Related Inventions

Companies in multiple industries are experimenting with artificial intelligence to generate specific solutions to long-standing challenges. To this end, numerous companies are filing patent applications for inventions...more

White & Case LLP

Regulators and businesses race to keep up with rapid innovation

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Over the past two decades, innovation has shifted from the physical to the digital world. Data has become the lifeblood not only of e-commerce, but also of the full range of economic and social activity, including in the...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: Federal Circuit Rules False Patent Claims Can Trigger Lanham Act Liability

On October 3, in Crocs, Inc. v. Effervescent, Inc., the Federal Circuit held that a party who falsely alleges that its product is patented and innovative can be liable under the Lanham Act. Specifically, where “a party...more

Foley & Lardner LLP

I Build Generative AI Technology: Does California’s New Transparency Requirement Apply to Me?

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On September 28, 2024, California Governor Gavin Newson signed into law AB-2013, requiring developers of generative artificial intelligence (AI) models, under certain conditions, to make specific disclosures regarding those...more

McDermott Will & Emery

Chickening Out: Reason for Trademark Abandonment Irrelevant Without Proof of Intent to Resume

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The US Court of Appeals for the First Circuit affirmed a district court’s summary judgment decision finding that the prior owner of a trademark for fresh chicken had abandoned the mark by failing to use it for three years and...more

McDermott Will & Emery

Rewind: Federal Circuit Grants En Banc Rehearing Over Royalty Damages

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The en banc US Court of Appeals for the Federal Circuit issued a per curiam order vacating its previous panel decision upholding a district court’s denial of the defendant’s motion for a new trial on damages. In that...more

WilmerHale

Navigating Generative AI Under the European Union’s Artificial Intelligence Act

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This blog post focuses on how the EU’s Artificial Intelligence Act (“AI Act”) regulates generative AI, which the AI Act refers to as General-Purpose AI (“GPAI”) Models....more

Mandelbaum Barrett PC

Trademarks: Essential Protection for Smaller Companies

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Trademarks play a crucial role in safeguarding the interests of smaller companies, Todd M. Nosher and Lucian C. Chen shed light on this vital topic in their latest video, emphasizing the importance of early trademark...more

Wolf, Greenfield & Sacks, P.C.

Dan Rudoy Examines the Impact of AI on IP Strategy

Dan Rudoy is a shareholder and executive committee member at Wolf Greenfield. As part of the Electrical & Computer Technologies Practice, Dan works closely with clients developing technology in a wide variety of areas...more

Troutman Pepper

Is the Third Time the Charm? Court Awards $71.4M in Contentious Trade Dress and Publicity Rights Dispute

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Imitation may be considered the sincerest form of flattery, but in the world of intellectual property (IP), it might cost you....more

Troutman Pepper

NCAA Settlement Update — Highway to NIL Podcast

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In this installment, Troutman Pepper attorneys Cal Stein, Tim Bado, and Pat Zancolli discuss recent updates in the House settlement process. After Judge Wilken previously declined to approve the settlement, she sent the...more

Jones Day

Director Vacates Decision Based on Improper Claim Construction

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The PTAB denied institution of inter partes review reasoning that Petitioner did not demonstrate a reasonable likelihood that Petitioner would prevail in establishing the unpatentability of any of the challenged claims. The...more

Womble Bond Dickinson

It’s a Bird, It’s a Plane - It’s in the Public Domain! USPTO Cancels Marvel and DC Comics’ Trademarks for SUPER HERO and SUPER...

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The U.S. Patent and Trademark office has done what Thanos and Lex Luthor never could—defeat the larger than life combined forces of Marvel and DC. Despite being well-known rivals, DC (Batman, Superman, Wonder Woman and...more

Fenwick & West LLP

Understanding the Significant Changes in Vidal's Final Rule on Director Review

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The U.S. Patent and Trademark Office director, Kathi Vidal, released a final rule on Director Review effective October 31, which expands the director's authority to review a wide range of decisions made during PTAB...more

Baker Donelson

The Importance of Filing Patent Applications for Software Inventions

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We all know that a patent application can be a significant asset to a company and its valuation. However, too many companies mistakenly believe that all software is not patentable. As a result, they are failing to file patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Cellect in View of Supreme Court's "Long Conference"

In view of the Supreme Court's "long conference" on September 30th, it seems timely to review the arguments, pro, con, and amicus briefs submitted to the Court asking for certiorari over the Federal Circuit's In re...more

Irwin IP LLP

Installation Payments Fly Under the On-Sale Bar Radar

Irwin IP LLP on

Aviation Clean Air, LLC v. Ionic Air Care, Inc., No. 3:21-cv-219-TCB (N.D. Ga. Sept. 16, 2024) - On September 16, 2024, a special master for the Northern District of Georgia issued a report and recommendation to deny Ionic...more

EDRM - Electronic Discovery Reference Model

Can AI Really Save the Future? A Lawyer’s Take on Sam Altman’s Optimistic Vision

In his latest essay, The Intelligence Age, Sam Altman envisions a future where ChatGPT and other AI technologies rapidly transform the world for the better. He projects that the exponential growth we’ve seen in generative AI...more

Baker Botts L.L.P.

Intellectual Property Report - October 2024

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In 2023, global investments in energy transition projects surged to approximately $1.7 trillion. This unprecedented investment level underscores the transformative shift toward cleaner energy sources and technologies....more

BakerHostetler

USPTO Ending the After Final Consideration Pilot Program

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The U.S. Patent and Trademark Office (USPTO) recently announced that it will terminate the After Final Consideration Pilot Program (AFCP 2.0) and that December 14, 2024, will be the last date for applicants to submit requests...more

McDermott Will & Emery

Creative License: Fair Use Defense Paints Over Infringement Battle

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Affirming the application of the fair use defense to copyright infringement, the US Court of Appeals for the Fifth Circuit determined that a district court’s sua sponte invocation of a fair use defense to parallel trademark...more

McDermott Will & Emery

No Boundaries? European UPC Confirms Its International Jurisdiction

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The Court of Appeal (CoA) of the Unified Patent Court (UPC) ruled that the UPC has international jurisdiction for alleged infringement actions that originate outside the UPC’s Member States. Dish and Sling v. AYLO, Case No....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

USPTO Issues Final Rule on Director Review of PTAB Decisions

On October 1, 2024, the USPTO published a new final rule, Rules Governing Director Review of Patent Trial and Appeal Board Decisions. 89 Fed. Reg. 79744 (October 1, 2024). The new rule codifies many aspects of the PTAB’s most...more

Katten Muchin Rosenman LLP

Always in Style: Key Considerations in Buying and Selling Fashion Brands - Katten Kattwalk | Issue 28

While interest in buying and selling fashion brands and their associated business lines is constant, structuring and negotiating these opportunities is uniquely challenging. Here, we present key initial considerations for...more

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